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DECISION OF EURASIAN INTERGOVERNMENTAL COUNCIL

of August 9, 2019 No. 7

About the Concept of cross-border information exchange

In pursuance of Item 7 of the Decision of Eurasian intergovernmental council of April 30, 2019 Eurasian intergovernmental council solved No. 3:

Approve the enclosed Concept of cross-border information exchange.

Members of Eurasian intergovernmental council:

From the Republic of Armenia

 

From the Republic of Belarus

From the Republic of Kazakhstan

From the Kyrgyz Republic

From the Russian Federation

 

Approved by the Decision of Eurasian intergovernmental council of August 9, 2019 No. 7

Concept of cross-border information exchange

I. General provisions

1. Information exchange within the Eurasian Economic Union (further - the Union) is regulated by article 23 of the Agreement on the Eurasian Economic Union of May 29, 2014. The fundamental principles of information exchange and coordination of its implementation within the Union are determined according to the Protocol on information and communication technologies and information exchange within the Eurasian Economic Union (appendix No. 3 to the specified Agreement).

2. The main mechanism of realization of information exchange within the Union is the cross-border space of trust which purposes, tasks and elements are determined by the Strategy of development for cross-border space of trust approved by the Decision of Board of the Eurasian economic commission of September 27, 2016 No. 105 (further - Strategy), and the Concept of use in case of interstate information exchange of mechanisms and effectual in law electronic documents approved by the Decision of Council of the Eurasian economic commission of September 18, 2014 No. 73. According to the Section III of Strategy legal, organizational and specifications for implementation of interstate information exchange within the Union are created due to forming of elements of cross-border space of trust.

In case of realization of provisions of this Concept the corresponding elements of cross-border space of trust created within realization of the first stage of Strategy can be used.

Provisions of this Concept regarding information exchange of legal entities (business entities) of state members among themselves have advisory nature.

3. Information exchange of electronic documents between the subjects of electronic interaction using different mechanisms of protection of electronic documents can be provided with use of different mechanisms of ensuring information exchange, including the confidential third party.

State members of the Union (further - state members) provide the right of subjects of electronic interaction to use services of the confidential third parties. Legal entities (business entities) of state members have the right to select independently mechanisms of protection of electronic documents taking into account requirements of the legislation of state members and international treaties, and also assessment of the risks connected with process of electronic interaction and own preferences.

4. This Concept determines general approaches to the organization of information exchange of legal entities (business entities) of state members among themselves and with authorized bodies of state members.

5. For the purposes of this Concept concepts which mean the following are used:

"mechanisms of ensuring information exchange" - set of the information and technological and organization-legal decisions realized for the purpose of providing trust in case of cross-border information exchange;

"the scheme of identification of subjects of electronic interaction" - the text and (or) graphical description allowing to gain complete impression about stages, methods and methods of identification of subjects of electronic interaction with use of the mechanism of identification and authentication;

"cross-border information exchange" - process of information exchange between subjects - residents of different state members which begins in the territory of state member which resident is the sender of information and comes to an end in the territory of state member which resident is the receiver of information;

"the agreement between subjects of electronic interaction" - the arrangement in written or oral form between two and more subjects of electronic interaction (agreement parties) about procedure for the organization of information exchange which is not contradicting requirements of the legislation of state members in which jurisdiction there are specified subjects.

Other concepts used in this Concept are applied in the values defined by the Agreement on the Eurasian Economic Union of May 29, 2014.

II. General approaches to realization of information exchange of legal entities (business entities) of state members

1. Mechanisms of ensuring information exchange

6. Information exchange of legal entities (business entities) of state members among themselves (further - the relations like B2B) is performed with use of mechanisms of ensuring information exchange, including the implementing mechanisms of documentation of information in electronic form characteristic of the relations like B2B, according to the legislation of state members.

7. Legal entities (business entities) of state members have the right to use any mechanisms of ensuring information exchange according to the legislation of state members and agreements between subjects of electronic interaction.

8. The elements of cross-border space of trust conforming to the Requirements to creation, development and functioning of cross-border space of trust approved by the Decision of Council of the Eurasian economic commission of December 5, 2018 No. 96 can be involved in mechanisms of ensuring information exchange (further - Requirements).

9. The mechanisms of ensuring information exchange used by subjects of electronic interaction in the relations like B2B can provide accomplishment of the following functions within in advance set parameters conforming to requirements of the interacting parties (further - the set reliability degree):

identification and authentication of subjects of electronic interaction with observance of the set reliability degree;

data transmission, including electronic documents, between subjects of electronic interaction with observance of the set reliability degree;

the proof with the set degree of reliability of neotkazuyemost of subjects of electronic interaction from the operations performed by them, including from signing by the electronic digital signature (digital signature) (further - the digital signature) the electronic document transferred to the subject of electronic interaction;

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